The Contracting Fault Liability And Compensation For Damage

In1999China issued the" contract law" provisions of the contracting fault liability in general terms, which in our country to establish the system of contracting fault responsibility. But the" contract law" is not on the contracting fault liability of compensation for the scope of legislative provisions, there is a blank. At the same time the theory of contracting fault liability damages do not form a unified opinion, research is not very thorough, the practice of leaving a large number of free discretion. From the judicial practice of contracting negligence liability scope of application of enlarging tendency, so as to hurt substantive justice. Therefore, this paper from the following several aspects to the contracting fault liability and compensation for damage is studied, in order to solve the contracting fault liability and compensation for damage identification of problem, for the perfection of legislation of our country to provide advice.First of all, this paper briefly introduces the system of contracting fault liability of contracting fault, and the range of compensation for damage value to conduct a brief description. Through the study of foreign legislation on the contracting fault liability of contracting fault liability, compensation scope should include the reliance interest, inherent interest, and for the damage compensation of punitive damages in the field are briefly discussed.Secondly, the contracting fault liability damages should be restricted to discuss issues. The inherent benefits of the compensation shall be to compensate for the actual loss of principle, of reliance interest compensation should not exceed the performance of interest, presence of punitive damages is not affected by the above limitations should be clear legal provisions shall prevail. The fault of the scope of damages for specific determination to carry on the analysis, proposed that should apply the rule of contributory negligence, even rules of the profit and loss, the rule of mitigation; also the influence of the contracting fault liability damages of judicial value pursuit, civil and commercial law, the terms of the contract and other important attributes of different factors analysis; contract on different stages of the contracting fault responsibility scope of damages of concrete are analyzed, with emphasis on the analysis of the various stages of opportunity loss identification problem.Finally, the legislation and judicial practice of our country undertook making an on-the-spot investigation, analysed the problem of existence. Based on the above analysis, put forward the legislative suggestion.